Pandemic and debt restructuring agreements 

25/03/2021

In 2021-2022, € 100 billion NPE positions are expected. Due to the pandemic, it is reasonable to foresee an increase in the procedures of arrangement with creditors “concordato”). However, these procedures are characterized by the slowness of the process, estimated by the Bank of Italy at 286 days for traditional procedures and 432 days in the case of reservations. If the impaired positions were to emerge in a short period of time, the Courts would be invaded by these procedures, also nullifying one of the main objectives of the Crisis Code.Debt restructuring agreements should be developed. Over time, measures have been introduced to encourage the use of these agreements: in addition to art. 182-septies, the Crisis Code provides the introduction of agreements with extended effectiveness. Although it is theoretically possible to manage an arrangement with creditors through the adherence to restructuring agreements by all creditors, the multiplicity and diversity of positions, which are not free from opportunistic acts, makes it impossible to reach agreements with many creditors.The possibility of differentiating restructuring agreements, by single creditor or by category, as well as a standard approach with the mass of minor creditors (in this case adherents), could allow several advantages benefits.The diffusion of a culture aimed at maximizing value and credit recovery times would allow an increase in restructuring agreements, to the benefit of the entire economic system.

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